DWI cases have tremendous consequences to both the person charged, and their family. These cases involve the potential loss of your license, your job, and your freedom. In order to get the best possible outcome in your case, it is essential that you have the proper resources. Our DWI Attorneys are part of a DWI defense team which includes substance abuse counselors, forensic experts and private investigators who work to challenge your charges in court. There are many aspects to contesting a Driving While Intoxicated case, starting with determining whether there was a proper basis for the police to have interacted with you, and whether there is sufficient proof that a DWI occurred.The Traffic Stop
Our initial review of your case will involve an effort to determine whether the police had a valid reason to stop you. It is important to be aware that a violation of the Vehicle and Traffic Law may be sufficient to justify a traffic stop. Once you are legally stopped, observations of your person, such as whether there is an odor of alcoholic beverage on your breath and observation of your motor coordination, or lack thereof, may lead to probable cause to arrest you. Nevertheless, it may be possible to have your case dismissed is we are able to show that the evidence against you was obtained in violation of your rights.
Our DWI Defense Lawyers will thoroughly scrutinize your case in an effort to protect your rights, your license and your liberty.Field Sobriety Tests
There are a number of “Standardized Field Sobriety Tests” that are used by police in New York State. Three of these tests are generally utilized, and may be accompanied by others. The three tests are the One Leg Stand, the Walk And Turn and the Horizontal Gaze Nystagmus (HGN) test.
Each of these tests lacks reliability. In fact, the National Highway Traffic Safety Administration, which develops the tests, recognizes that there are substantial margins of error affecting the reliability of the tests ability to determine whether a driver’s ability to operate a motor vehicle is impaired by alcohol.
Our DWI Defense Attorneys will scrutinize the evidence against you to challenge the Field Sobriety Test results. It is increasingly common to have Dashcam and Bodycam video footage of the incident, and that video sometimes illustrates that the police officer did not properly administer the tests, or even that you passed the tests.Chemical Tests
As with other tests, the chemical tests used to determine whether a suspect's blood alcohol concentration is above the legal limit of 0.08 percent are also subject to being unreliable. Breathalyzer test results are only valid if it may be established that the breathalyzer itself has been properly calibrated and maintained. Consequently, the Breathalyzer results may be invalidated by reviewing its maintenance and calibration records and showing that it was not properly calibrated and maintained.
Another way to contest the Breathalyzer is to provide proof of a false positive reading. One reason for a false positive is the presence of residual alcohol in your mouth. You may also register a false positive if you have diabetes or acid reflux.
Evidence gathered against you must also be maintained properly by the police. In order for evidence to be admitted against you, there must be a proper chain of custody to ensure that the evidence is what it purports to be, and that it has not been altered since it was received by the police.
If you or a loved one has been arrested for DWI, or for a DWI related offense, please contact our DWI Defense Attorneys and allow us to assist you in your time of need.